Definitions

Consent

Consent can only be given by a person of legal age, cannot occur when a person is mentally or physically incapacitated (which includes intoxication), and requires that all parties understand the who, what, when, where, why, and how of the sexual interaction.

Consent is:

• knowing
  
• voluntary, and
• clear permission
• by word or action
• to engage in sexual activity

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied.

For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on Dallas College to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Obtaining and giving consent is the most important part of protecting yourself against sexual violence. The following list is some examples of how to gain consent from and give consent to your intimate partners:

1. Clarifying or summarizing what the other person shared
2. Communicating your expectations and limits
3. Asking for permission, approval, or acceptance when seeking intimacy
4. Understanding why someone did or chose something
5. Expressing discomfort with acts of physical intimacy
6. Talking about sexual intimacy when sober
7. Confirming the feelings of the other person
   
8. Starting with small decisions
9. Sharing when you want to stop, slow down, or wait

The Impact of Alcohol and Drugs on Consent

The use of alcohol or drugs never makes a victim at fault for an act of sexual harassment, discrimination, or violence.

Students should be aware that alcohol and other drugs influence behavior and alter an individual's ability to give consent to sexual acts.

Complainant

A Complainant (CP) is a person who has experienced harm, or identifies as a victim or survivor of prohibited conduct under the university policies. Under Title IX, the following prohibited conduct includes:

• Sexual assault
• Interpersonal violence (including dating and domestic violence)
• Stalking
• Sexual harassment (including harassment on the basis of sexual orientation, gender identity, gender expression, or pregnancy status)
• Sex discrimination
• Sexual exploitation
• Unprofessional or inappropriate conduct of a sexual nature
• Retaliation
• False information and false complaints
• Interference with a grievance process under this policy
• Failing to report Prohibited Conduct as a non-confidential employee

For complete definitions and examples, see the Sexual Misconduct Policy page.

Not everyone who experiences harm will report their experience or identify with the term “Complainant.” Other terms/identities include “survivor”, “victim,” or a person may not identify with any of these terms. The University uses “Complainant” to be as clear and objective as possible in the Title IX process.

Safety

If you feel you are in immediate danger of harm by another person or yourself, call 911. It is important that physical and emotional needs are met first. For mental health crisis support, visit Counseling Services.

Medical Attention

Medical attention may be needed after an incident to treat possible injuries and check for unseen injuries, pregnancy prevention, or to test for sexually transmitted infections.

Sexual Assault Forensic Exams

It is helpful to preserve evidence in case you wish to pursue a criminal, civil, or Title IX investigation. The main way evidence is collected is through a Sexual Assault Forensic Exam (SAFE). SAFE exams are an option for survivors of all genders. A SAFE is available with or with filing a report to law enforcement. The exam can only occur within the first 120 hours (five days) after a sexual assault if a police report is filed, and 96 hours without a police report. The non-report option preserves the evidence for two years, during which time a Complainant can make the decision about whether to report the incident to law enforcement. The exam can include:

• medical care
• medicines to prevent infection and/or pregnancy
• talking about the assault
• checking for and photographing injuries
• swabbing the skin
• collecting clothing
• Taking blood and urine samples.

Support and Assistance

Support looks different for each person. It is important for Complainants to be aware of what resources and options are available, and to choose the support and assistance that meets their needs. Dallas College has various offices available to address mental, physical, emotional, and academic needs including:

• Emotional support and processing after an incident.
• Course load reductions or full withdrawals.
• Absence notifications.
• Requests for flexibility/ alternative participation to faculty and supervisors.
• Safety planning.
• Emergency funds.
• Services for food insecurity.
• Address questions and concerns about institutional policy and procedure.
• Conflict resolution and dispute management.
• Support and referrals for concerns friends, family, partners, and faculty/staff members.

Visit the Title IX Resource or Student Care Network page for more information.

Confidentiality and Privacy

It is important that those who experience harm are in control of their information and informed about both confidential and non-confidential resources.

Confidential and private support options provide space to discuss the situation and options without filing an official report with Dallas College. This is a good option if you do not know how to label your experience, do not know if it falls under Title IX, or if you are only interested in emotional support or medical assistance without pursuing an investigation.

Confidential resources are confidential by federal and state law. These services will not share any identifiable information with Title IX, the police, parents, or anyone else without permission first, except in cases where there is concern of imminent harm to yourself, someone else, or the campus community. For more information about confidential resources, visit the Title IX Confidentiality page.

Even if a resource is not confidential, all student information will be handled in accordance with the regulations established by FERPA and maintained on a need-to-know basis.

Responsible Employee: A responsible employee, also known as a “Mandatory Reporter,” is a Dallas College employee who is required to report incidents of prohibited conduct to the university.

Reporting

Complainants report to Title IX for many reasons. If you are interested in filing an official report to Dallas College, please visit the File a Complaint page.

Respondents

A Respondent (or Responding Party, RP) is someone alleged to have been involved in an incident of prohibited conduct under Title IX. The Respondent is designated to respond to a report received by the university. Respondents investigated under Title IX may have been accused of alleged prohibited conduct including:

• Sexual assault
• Interpersonal violence (including dating and domestic violence)
• Stalking
• Sexual harassment (including harassment on the basis of sexual orientation, gender identity, gender expression, or pregnancy status)
• Sex discrimination
• Sexual exploitation
• Unprofessional or inappropriate conduct of a sexual nature
• Retaliation
• False information and false complaints
• Interference with a grievance process under this policy
• Failing to report Prohibited Conduct as a non-confidential employee

For complete definitions and examples, see the Sexual Misconduct Policy page.

Receiving a letter of notice (called a "Notice of Investigation") does not mean a Respondent has been found in violation of a policy. It means an investigation has been started to determine if there was a violation of policy. The investigation process can be stressful and complicated. It is important for Respondents to understand the process and the rights afforded to them. For more information, please see the Process page.

Safety

If you feel you are in immediate danger of harm by another person or yourself, call 911. It is important that physical and emotional needs are met first. For mental health crisis support, visit Counseling Services.

Support and Assistance

Support looks different for each person. It is important for Complainants to be aware of what resources and options are available, and to choose the support and assistance that meets their needs. Dallas College has various offices available to address mental, physical, emotional, and academic needs including:

• Emotional support and processing after an incident.
• Course load reductions or full withdrawals.
• Absence notifications.
• Requests for flexibility/ alternative participation to faculty and supervisors.
• Safety planning.
• Emergency funds.
• Services for food insecurity.
• Address questions and concerns about institutional policy and procedure.
• Conflict resolution and dispute management.
• Support and referrals for concerns friends, family, partners, and faculty/staff members.

Visit the Title IX Resource or Student Care Network page for more information.

Confidentiality and Privacy

Confidential resources are confidential by federal and state law. These services will not share any identifiable information with Title IX, the police, parents, or anyone else without permission first, except in cases where there is concern of imminent harm to yourself, someone else, or the campus community. For more information about confidential resources, visit the Title IX Confidentiality page.

Even if a resource is not confidential, all student information will be handled in accordance with the regulations established by FERPA and maintained on a need-to-know basis.

Responsible Employee: A responsible employee, also known as a “Mandatory Reporter,” is a Dallas College employee who is required to report incidents of prohibited conduct to the university.

Responsible Employee

Effective January 1, 2020, Texas Education Code 51.252 mandated that "an employee of a postsecondary educational institution who, in the course and scope of employment, witnesses or receives information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking and is alleged to have been committed by or against a person who was a student enrolled at or an employee of the institution at the time of the incident shall promptly report the incident to the institution’s Title IX coordinator or deputy Title IX coordinator." For more information, please visit our Texas Legislation (Fact Sheet).

Why is Reporting Important?

Reporting an incident to Title IX ensures those in our community affected by sexual misconduct receive the support they need and that Dallas College responds appropriately to alleged prohibited conduct under Title IX. Someone may disclose to you for many reasons, including:

• The incident has negatively affected the person's academics or employment.
• The incident has affected the person's interaction with the Responsible Employee.
• The person may have safety concerns.
• The person may need someone to confide in but isn't seeking action.
• The person is looking for help.

In addition, SB212 will create criminal and employment penalties for employees who do not report incidents of sexual harassment, sexual assault, dating violence, and stalking to a Title IX Coordinator that they have witnessed or received information about. These reporting requirements and penalties went into effect January 1, 2020.

What and When to Report?

Responsible Employees should report as soon as they become aware of a Title IX-related incident or alleged prohibited conduct under Title IX. If you are unsure if an incident is reportable or if you don’t have all the information to make that decision, please call the Title IX Office for help. Incidents may be disclosed in many different ways, including within a class assignment, or share during a discussion. Inappropriate behavior may also be observed, or heard through another person. Words or actions to look out for include:

• Jokes or comments of a sexual nature.
• “I’m not really sure, but…”
• Retaliation
• Making me uncomfortable.”
• Not showing up for class/work.
• Drastic changes in behavior or appearance.

Informing Others of Reporting Duties

For more information on how to respond to a disclosure, please visit the Supporting a Survivor page.

Talk about your mandatory reporting requirement early and often. Include information in course syllabi, orientations, and/or bring it up in group conversations with students and co-workers to make sure everyone is informed.

The Gentle Interruption

The goal of a gentle interruption is to let people know of your mandatory reporting duties during one-on-one conversations. If it feels as if a conversation may lead to a disclosure, gently interrupt to inform the person of your reporting duties so that the person can decide if they would like to share more information with you. Some sample language includes:

• “It sounds like you want to talk about a sensitive situation. Can we pause so I can share my role as a responsible employee with you?”
• “Before we go further, I want to let you know I’m a mandatory reporter, and this is what that means …”
• Talk in hypothetical situations.

If the person decides not to share anything further with you, that is okay. Provide confidential and private resources in case they are interested in talking with someone without the concern of reporting.

Making a Report/Filing a Complaint

Report any relevant information that is shared. This includes name of the Complainant, Respondent, others involved, and any incident details shared. There is no need to ask for more information than what someone is comfortable sharing. For more information on how to report, please visit the File a Complaint page.

After a Report

It is likely that no other information will be shared with you after filing a Title IX report. This is to protect the privacy of Complainants and Respondents. If the person is in need of other support, provide a referral to additional Campus Resources.

Provide Assistance

There are many ways that you can support others within your role to address the effects of an incident. Needs and coping after trauma or harm looks different for each person, so only provide the support that your student or co-worker asks for.

For Students

• Give an extension on an assignment.
• Excuse an absence.
• Allow your student to come in early to class to choose a seat or leave early to avoid interacting with another person involved in the Title IX case.
• Provide an alternate workspace for an exam.
• Arrange remote participation in class.
• Approve an incomplete for a course.
  

For Co-Workers

• Reschedule a meeting or presentation.
• Assist with a project.
• Provide an alternative workspace.
• Accompany your co-worker to spaces where others involved in the Title IX case may be present.

Retaliation

The Dallas College Sexual Misconduct policy strictly prohibits retaliation for engaging in protected activities.

Protected activity under this policy includes reporting an incident that may violate policy, participating in the grievance process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this policy.

It is prohibited for Dallas College or any member of the Dallas College community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.

Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.

The exercise of rights protected under the First Amendment do not constitute retaliation.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.

Acts of alleged retaliation should be reported immediately to the Title IX Coordinator and will be promptly investigated. Dallas College is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.